1. Graham v. Florida and Sullivan v. Florida
The Courts and the Constitution

2. Write down this statement:
FLREA Copyright 2011
A life sentence for a juvenile offender should be considered cruel and unusual punishment.
NOW…
Write down if you agree or disagree with this statement.
Write down 2-3 reasons why you agree or disagree with this statement.

3. If you agree with the statement, go: If you disagree with the statement, go:
FLREA Copyright 2011

4. Now…
Agree: Read your statements. If you are repeating an idea that was already said, only add new ideas. Disagree: LISTEN CAREFULLY to each argument!
FLREA Copyright 2011

5. DISAGREE
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What argument from the “Agree’’ side did you think was the most persuasive?
This does not mean you agree with it, just that it was a persuasive argument.
DO NOT make any arguments yet (you will get a turn). Just identify the most persuasive argument.

6. Now…
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Disagree: Read your statements. If you are repeating an idea that was already said, only add new ideas. Agree: LISTEN CAREFULLY to each argument!

7. AGREE
FLREA Copyright 2011
What argument from the “Disagree’’ side did you think was the most persuasive?
This does not mean you agree with it, just that it was a persuasive argument.
DO NOT make any arguments (you had your turn). Just identify the most persuasive argument.

8. The Constitution
Eighth Amendment

9. Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

10. The Hierarchy of Law
United States Constitution
If there is a conflict between a lower law and a higher one, the higher one “prevails”.
Acts of Congress
Federal Laws
The U.S. Constitution is the “Supreme Law of the Land.”
State Constitutions
Highlight the hierarchy of law. The US Constitution as the highest law in the land.
State Statutes (state laws)
City and County Laws

11. Facts of the Case
Terrance Jamar Graham

12. Terrance Jamar Graham Jul 18, 2003 Dec 2003 June 2004 Dec 2004
December
At age 16, Graham and his friends attempted to rob a restaurant in Jacksonville. He wore a mask. Manager was hit in head with metal pipe/ bar.
Graham pled guilty to armed burglary with assault or battery and attempted armed robbery – sentenced to 3 years of probation. Several months had to be served in county jail.
Graham was released early due to time served awaiting trial.
Soon after release, Graham is involved in an armed home invasion. Used gun to threaten victims. Positively identified by victim as leader.
Trial court hearings on violation of probation.
Eventually Graham is sentenced to life in prison without the possibility of parole.

13. The State Courts in Florida
Appeal
Fla Supreme Court
District Courts of Appeal:
(5 Districts)
Appellate Courts
Appeal
Discuss jurisdiction of courts and levels trial and appellate. Let students know you can go to the US Supreme Court once all state appeals have been exhausted.
Circuit Courts (Trial Courts) 20 circuits
County Courts: (Trial Courts) 67 counties
The State Courts in Florida

15. Different Kinds of Courts
Fair and Impartial Application of the Law
Trial Court
Appellate Court*
Judge sits individually
Juries are present in certain cases
Prosecution/Plaintiff or Defendant/Defense
Attorneys call witnesses and present evidence.
First opportunity for a case to be heard. Establishes facts.
Panel of judges
No juries
Petitioner/Respondent or Appellant/Appellee
No witnesses. Attorneys submit briefs and present oral arguments
Determines if the law was applied correctly and/or if the trial was fair.
*Appellate courts do not rehear the case over again. Appellate courts focus on questions of law, NOT on questions of facts like the trial courts. The appellate judges want to know whether the law was applied correctly.

16. Issues and Precedent

17. Two Main Components of the Cases
Sentencing procedures of juveniles
Cruel and unusual punishment

18. Harmelin v. Michigan (1991)
Petitioner has to demonstrate that the sentence imposed raises an inference of “gross disproportionality”
“Gross disproportionality:” the sentence does not fit the crime.

19. Roper v. Simmons (2005)
Imposing the death penalty on a juvenile defendant always violates the Eighth Amendment
Court cited “overwhelming” international opinion against the juvenile death penalty

20. Should the Court extend Roper v
Should the Court extend Roper v. Simmons to include life without a possibility of parole?
Graham
State of Florida
Life imprisonment without the possibility of parole for a non- homicide offense is a disproportionate sentence on a juvenile defendant
Same standard should not apply for adults and juveniles
Life imprisonment without parole is comparable to the death penalty because they are both irreversible
“Death is different” – Court has differentiated between the death penalty and prison sentences
Court has never considered the petitioner’s age when deciding whether a sentence is proportional to the crime committed

21. Some Additional Facts
The laws of 37 states, as well as the District of Columbia and the federal government, permit sentences of life imprisonment without parole for juvenile non-homicide offenders in some circumstances.
Only 129 juvenile non-homicide offenders serve life without parole sentences across the nation.
77 of them are sentences imposed in Florida

22. How should the criminal justice system treat juvenile offenders?
Graham
State of Florida
Juveniles have distinct psychological and social characteristics making them more capable of rehabilitation
A sentence of life imprisonment without parole for a non-homicide offense does not serve the goals of deterrence or rehabilitation.
Adoption of the sentence of life imprisonment without parole for juveniles is in response to a growing problem of juvenile crime and, in some cases, it fits the crime committed.
Each state has a separate juvenile system approved by the legislature that reflects their concerns about juvenile offenders.
Graham is not a first offender.

23. National and international consensus?
Graham
State of Florida
There is a broad consensus among states and nations of the world that life imprisonment without the possibility of parole is not an appropriate sentence for juveniles convicted of non- homicide offenses
There is no national consensus about life imprisonment without the possibility of parole for juveniles convicted of non-homicide offenses
International law should not affect the Court’s decision because the punishment should reflect American values. Most other countries do not even have the death penalty.

24. The State Courts in Florida
Appeal
Fla Supreme Court
First District Court of Appeal:
Appellate Court
Appeal
Discuss jurisdiction of courts and levels trial and appellate. This case went from the Fourth Judicial Circuit Court for the trial and then was appealed to the First District Court of Appeal. The Florida Supreme Court denied review. Let students know Graham appealed to the US Supreme Court once all state appeals had been exhausted.
Fourth Judicial Circuit Court (Trial Courts)
in Duval County, Florida
The State Courts in Florida

25. The US Supreme Court
Graham v. Florida

26. The Supreme Court, 2009 Roberts Stevens Kennedy Ginsburg Sotomayor
Breyer
Scalia
Thomas
Alito

27. Question Before the Court
Does a life sentence without parole for a juvenile convicted of a non-homicidal offense violate the Eighth Amendment's prohibition of "cruel and unusual punishment?"

28. Graham v. Florida Oral Arguments
2009/2009/2009_08_7412
Listen to a portion of the oral arguments from each side of the Graham v. Florida case.
Do not show the outcome/decision of the court at this point.

29. Now it is your turn to be the judge…

30. Does a life sentence without parole of a juvenile convicted of a non-homicidal offense violate the Eighth Amendment's prohibition of "cruel and unusual punishment?"
If you answer YES…
Is you answer NO…
You are agreeing with Graham
You are agreeing with the State of Florida

31. Form Groups Form groups of 5 Choose a Chief Justice
Chief Justice maintains order
Poll the justices. How did each one answer the question and why?
Try to come up with a unanimous decision
You have 10 minutes to discuss and then take a final poll.

32. Each Court Decides
Bring the Chief Justices to the front of the room to report the decision to each group
Tally results and announce
Note: While the Graham case was heard on its own, another Florida case with a similar outcome was heard in the U S Supreme Court the same day. (Sullivan case)

33. Opinion of the Court, 6-3 Majority Opinion Dissenting Opinion Roberts
Stevens
Kennedy
Scalia
Alito
Thomas
Breyer
Ginsburg
Sotomayor

34. The Decision : Graham v. Florida
In a 6-3 vote, the US Supreme Court held that the Eighth Amendment does not permit a juvenile to be sentenced to life in prison without parole for a non-homicide offense
The Court noted that life sentences without parole for juveniles who committed non- homicide offenses has been “rejected the world over”.
Graham’s sentence was unconstitutional.

35. Listen to the opinion of the Court
Graham v Florida opinion
2009/2009/2009_08_7412

36. What happened
The US Supreme Court reversed the decision of the First District Court of Appeal in Florida.
In February 2012, Terrance Jamar Graham was resentenced by the original trial judge to a 25 year sentence.

37. Joe Harris Sullivan
In 1989 at age 13, Sullivan broke into an empty home of an elderly women to steal jewelry and clothes. He was accompanied by two older boys.
Sullivan returned to the house later in the day and he allegedly beat and raped the woman. The two older boys accused Sullivan of actually committing the crimes.
Sullivan was tried as an adult and convicted of 2 counts of sexual battery, 2 counts of burglary, and 1 count of grand theft.
Due to his extensive criminal history including multiple felonies, Sullivan was sentenced to life in prison without the possibility of parole.
A similar case was also heard by the US Supreme Court on the same day. Sullivan v. Florida
At the age of 13, Joe Harris Sullivan and two other juveniles broke into the empty home of an elderly woman to steal jewelry and coins. Sullivan and one of the accomplices returned later in the day when the woman was home. After entering the home, Sullivan forcibly took the woman to the bedroom where he beat and raped her.
Sullivan was tried as an adult and convicted of two counts of sexual battery, two counts of burglary of a dwelling, and one count of grand theft. Sullivan already had an extensive criminal history, including several felonies. Considering Sullivan's record, the judge concluded that an adult sentence was appropriate and sentenced Sullivan to life.

38. What about Sullivan v. Florida?
Based on the decision in Graham v. Florida, the writ of certiorari was dismissed for Sullivan v. Florida.
Sullivan now has the opportunity for a resentencing hearing.
know/culture/imprisoning-teenagers-for- life/938/

39. Citations http://www.law.cornell.edu/supct/cert/08- 7412#facts
sullivan.graham
11/08/young-offenders-locked-up-for-life/